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Pelindaba Treaty THE TREA T Y OF PELINDABA Towards the Full Implementation of the African Nuclear-Weapon-Free Zone Treaty Noël Stott, Senior Research Fellow, Institute for Security Studies As a leading African human security research institution, the Institute for Security Studies (ISS) works towards a stable and peaceful Africa characterised by sustainable development, human rights, the rule of law, democracy and collaborative security. The ISS realises this vision by: • Undertaking applied research, training and capacity building • Working collaboratively with others • Facilitating and supporting policy formulation • Monitoring trends and policy implementation • Collecting, interpreting and disseminating information • Networking on national, regional and international levels © 2011, Institute for Security Studies Copyright in the volume as a whole is vested in the Institute for Security Studies, and no part may be reproduced in whole or in part without the express permission, in writing, of both the authors and the publishers. The opinions expressed do not necessarily reflect those of the Institute, its trustees, members of the Council or donors. Authors contribute to ISS publications in their personal capacity. ISBN 978-1-920422-45-5 First published by the Institute for Security Studies, P O Box 1787, Brooklyn Square 0075 Pretoria, South Africa www.issafrica.org Printing: Marketing Support Services +27 12 346-2168 THE TREA T Y OF PELINDABA Towards the Full Implementation of the African Nuclear-Weapon-Free Zone Treaty Noël Stott, Senior Research Fellow, Institute for Security Studies March 2011 The African Nuclear-Weapon-Free Zone Treaty 1 2 The African Nuclear-Weapon-Free Zone Treaty CON T EN T S Introduction .......................................................................................................................4 Time-line of Relevant Dates .............................................................................................5 Signature ...........................................................................................................................6 The Cairo Declaration .......................................................................................................6 Entry into Force ................................................................................................................7 Ratification and Accession ................................................................................................8 Terms of the Treaty ...........................................................................................................8 Protocols to the Treaty ......................................................................................................9 Resolution and Decision of the 65th Session of the General Assembly (2010) .............10 First Conference of State Parties .....................................................................................11 The African Commission on Nuclear Energy (AFCONE) .............................................12 National Implementation ................................................................................................12 Model Instruments of Ratification, Acceptance or Approval .........................................13 MODEL A: For States Signatories ..................................................................................13 MODEL B: For non-signatory States (after entry-into-force) ........................................14 How to Conclude a Comprehensive Safeguards Agreement with an Additional Protocol (based on INFCIRC/153 (Corr.) and INFCIRC/540 (Corr.)) ..............................................................................................14 Model Notification Letter Concluding a Safeguards Agreement and an Additional Protocol ..............................................................................................15 Model Notification Letter (Entry into force of a safeguards agreement and/or an additional protocol) ..................15 Annexure A: ...................................................................................................................16 List of Countries Which Have Signed and Ratified the African Nuclear-Weapon-Free Zone Treaty (The Treaty of Pelindaba) as at 01/03/2010 Annexure B: ..................................................................................................................18 African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba) The African Nuclear-Weapon-Free Zone Treaty 3 Introduction This guide briefly outlines the African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba) and describes the procedures that most African States need to follow in order to ratify or accede to this treaty and to implement its provisions. The Guide also provides an update of developments in the implementation of the treaty as a whole since its entry- into-force in July 2009 and since the publication of “A Brief Guide to the Pelindaba Treaty: Towards Entry-Into-Force of the African Nuclear-Weapon-Free Zone Treaty”, ISS, October 2008 by Noël Stott, Amelia Du Rand And Jean Du Preez, & “The Treaty of Pelindaba: Beyond Entry-Into-Force of the African Nuclear-Weapon-Free Zone Treaty”, ISS, March 2010, also by Noël Stott, Amelia Du Rand & Jean Du Preez. In July 1964, the then OAU adopted the Declaration on the Denuclearisation of Africa [AHG/Res.II(I)]. In June 1995, at the 31st Ordinary Session of the OAU held in Addis Ababa, the African Nuclear-Weapon-Free Zone Treaty was agreed to. The Treaty declares Africa a zone free of nuclear weapons, [as] an important step towards the strengthening of the non-proliferation regime, the promotion of co-operation in the peace- ful uses of nuclear energy, complete disarmament, and the enhancement of regional peace and security. While the application of the African Nuclear-Weapon-Free Zone is without prejudice to the territorial integrity and sovereignty of AU Member States, through the Treaty, Africa seeks to ensure that nuclear weapons are not developed, produced, tested, or otherwise acquired or stationed in any of the countries on the continent. According to Hans Blix , the then Director General of the International Atomic Energy Agency, speaking at the conference for the Signing of the African Nuclear- Weapon-Free Zone Treaty in Cairo, 11 April 1996: “Unlike the [Non-Proliferation Treaty] NPT, it prohibits the stationing and test- ing of any nuclear explosive device in the territories of its parties; it also commits its parties to apply the highest standards of security and physical protection of nuclear material, facilities and equipment to prevent theft and unauthorized use; it prohibits armed attack against nuclear installations in the zone; and it prohibits the dumping of any radioactive waste. These are important undertakings supple- mentary to those already assumed by the parties under the NPT. They will help to advance the cause of horizontal and vertical non-proliferation and to prevent ille- gal trafficking in or other unauthorized uses of nuclear material. They will help to shield nuclear facilities from possible armed attacks and consequent radiological releases during conflicts; and they will require management of radioactive waste to be in accordance with accepted international safety standards.” He ended his talk by stating that: “… In addition to the establishment of nuclear-weapon-free zones, other nuclear arms control measures need to be taken urgently to move the world progressively towards nuclear disarmament. High on the list are the conclusion of a compre- hensive nuclear test ban treaty; a universal convention banning the production 4 The African Nuclear-Weapon-Free Zone Treaty of fissile material for nuclear weapons or other nuclear explosive devices, and most importantly, as provided for in the consensus decision of the NPT Review and Extension Conference, ‘a determined pursuit by the Nuclear Weapon States of systematic and progressive efforts to reduce nuclear weapons globally with the ultimate goal of eliminating those weapons’.” Time-line of Relevant Dates 1960 French nuclear testing in the Sahara causes several African states to consider denuclearising Africa. 1961 UNGA Resolution 1652(XVI) titled “Consideration of Africa as a denuclearised zone is approved. 1964 Declaration on the Denuclearization of Africa, adopted by the Summit of the Organisation of African Unity (OAU) at its first ordinary session, held in Cairo from 17-21 July. 1965 UNGA endorses the OAU Declaration in resolution 2033(XX). 1966 France ceases nuclear testing in Sahara. 1970 South Africa announces capability to enrich uranium. 1970-1990 UNGA adopts annual resolutions focusing on obstacles to the achievement of an African NWFZ 1979 1979 UNGA adopts Resolution 34/76 B mandating a group of experts from France, Nigeria, the Philippines, the former Soviet Union, Sweden and Venezuela to conduct a study on ‘South Africa’s plan and capability in the nuclear field’. 1989 UNGA Resolution 44/113 B commissions a study on ‘South Africa’s nuclear-tipped ballistic missile capability’. 1990 South Africa accedes to the NPT and destroys six nuclear devices. 1993 The 56th Ordinary Session of the Council of Ministers of the OAU held in Dakar, Senegal, from 22 to 29 June 1992, affirms that the international situation was conducive to the implementation of the Cairo Declaration. UNGA Resolution 47/76 increased the mandate of the group of experts that was established in 1990 to include drafting a treaty or convention on the denuclearisation
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